South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
95—Imposition of levy by councils
(1) In order to
reimburse themselves for the amounts contributed (or to be contributed) to a
regional NRM board under this Division, the constituent
councils must impose a levy (a "regional NRM levy") on rateable land in the
region of the board.
(2) Except to the
extent that the contrary intention appears, Chapter 10 of the Local
Government Act 1999 applies to and in relation to a regional NRM levy as
if it were a separate rate under that Chapter.
(3) Without limiting
the operation of any other provision of this Act, the following provisions
apply with respect to the application of Chapter 10 of the Local
Government Act 1999 to and in relation to a regional NRM levy:
(a)
section 154(1) and (2) of that Act will not apply in relation to the levy and
the basis for the levy will be chosen from the following (as set out in the
relevant regional NRM plan):
(i)
the value of rateable land; or
(ii)
a fixed charge of the same amount on all rateable land;
or
(iii)
a fixed charge of an amount that depends on the purpose
for which rateable land is used; or
(iv)
the area of rateable land; or
(v)
the purpose for which rateable land is used and the area
of the land; or
(vi)
the location of rateable land;
(b) if
the value of rateable land is the basis for the levy under paragraph (a)
, a council must use capital value, site value or annual value as the basis to
impose the levy;
(c) if a
fixed charge is the basis for the levy under paragraph (a)
, then section 152 of that Act will apply subject to any modifications
prescribed by the regulations;
(d) if
relevant, the purposes for which land is used that may be the basis for the
levy under paragraph (a)
will be purposes prescribed by the regulations;
(e)
despite section 154(6) of that Act, a levy under this section may be declared
more than 1 month before the commencement of a financial year to which the
levy relates with the approval of the Minister;
(f)
section 151(5) of that Act will not apply in relation to the levy;
(g)
section 156 of that Act will apply (subject to the use of any differentiating
factor under paragraph (a)
);
(h) any
other section, or part of any other section, of that Act prescribed by the
regulations will not apply in relation to the levy;
(i)
the regulations may modify the operation of Chapter 10 of
that Act in any other respect.
(4) To avoid doubt,
nothing in subsection (3)
prevents the operation of section 158 of the Local
Government Act 1999 .
(5) A council must (as
far as is reasonably practicable) fix a regional NRM levy in a manner
calculated to return the same amount as the council's share of the amount to
be contributed to the relevant regional NRM board under this Division.
(6) A
regional NRM levy imposed under this section will be taken to be a rate
imposed under the Local
Government Act 1999 for the purposes of the Rates
and Land Tax Remission Act 1986 .
(7) The amount that
applies under subsection (5)
will be arrived at after taking into account any rebates or remissions to be
granted by the council.
(8) A
regional NRM levy is not invalid because it raises more or less than the
amount that applies under subsection (5)
.
(9) A regulation
cannot be made for the purposes of this section unless the Minister has given
the LGA notice of the proposal to make a regulation under this section and
given consideration to any submission made by the LGA within a period (of at
least 21 days) specified by the Minister.